Andhra Pradesh Court December 1986 Judgments
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The Andhra Pradesh Steel Wool Industries Cooperative Society Ltd. Vs. ...
Court: Andhra Pradesh
Decided on: Dec-26-1986
Reported in: (1987)IILLJ66AP
K. Bhaskaran, C.J. 1. What, in effect and substance, the order of reference made by the Division Bench on 20th December, 1978 demands is an examination, by this Full Bench of five Judges, of the correctness of the view expressed concurrently by two Full Benches of this Court (reported in Visakhapatnam District Marketing Co-operating Society Limited v. Government of Andhra Pradesh (1977-II-LLJ-332) Brindavan Hotel v. Conciliation Officer (1978-II-LLJ-287) (hereinafter referred to respectively as the First Full Bench and the Second Full Bench), on which considerable reliance is placed by the writ petitioners, that the provisions of the Andhra Pradesh Shops and Establishments Act (Act XV Act of 1966.) (the Shops Act) would apply; and the provisions of the Industrial Disputes Act (Central Act XIV of 1947) (the I.D. Act) would have no application, to a dispute, arising out of the termination of the service of an employee in an establishment/shop, answering the description of those terms, as...
Andhra Pradesh Steel Wool Industries Co-operative Society Limited Vs. ...
Court: Andhra Pradesh
Decided on: Dec-26-1986
Reported in: AIR1987AP182
K. Bhaskaran, C.J. 1. What in effect and substance, the order of reference made by the Division Bench on 20-12-1978 demands is an examination, by this Full Bench of five judges, of the correctness of the view expressed concurrently by two Full Benches of this Court (reported in Visakhapatnam District Marketing Co-operative Society Ltd. v. Govt. of Andhra Pradesh, (1977) 1 APLJ (HC) 160 : (1977 Lab IC 959) and Sri Brindavan Hotel v. Conciliation Officer, (1977) 2 Aplj (HC) 78 : (1977 Lab IC 1572), (hereinafter referred to respectively as the First Full Bench and the Second Full Bench) on which considerable reliance is placed by the Writ Petitioners, that the provisions of the Andhra Pradesh Shops and Establishments (Act XV) of 1966, (the Central Act XIV) of 1947 (the I.D. Act) would have no application, to a dispute, arising out of the terminations of the service of an employee in an establishment/shop, answering the description of those terms, as defined in sub-ss. (10) and (21) of S. ...
United India Insurance Co. Ltd. Vs. Katukuri Raghavareddy and ors.
Court: Andhra Pradesh
Decided on: Dec-24-1986
Reported in: AIR1989AP33
ORDER1. Sri Narayana Reddy learned counsel for the respondent 1 raised a preliminary objection to the maintainability of the revision. He contends that the Motor Accidents Claims Tribunal, constituted under Section 110 of the Motor Vehicles Act (Act 4 of 1939) for short, 'the Act', is not a court subordinate to High Court amenable to jurisdiction under Section 115 of the C.P.C. In-support thereof, he placed reliance on Revanappa v. Guderao (1) : AIR1983Kant164 . Admittedly under the Act, there is no special procedure provided for disposal of the O.Ps. The District Court is constituted as a Tribunal to decide the claims under the Act. The procedure under the C.P.C. is to be followed It is now well established that no special procedure has been prescribed and the claims under special statutes are to be adjudicated by regular court as a Tribunal, all the incidents provided under the Code of Civil Procedure would follow. This view has been consistently followed by this court starting from ...
Mutyala Venkata Satyavathi Vs. Balaguri Tirumurthulu and ors.
Court: Andhra Pradesh
Decided on: Dec-24-1986
Reported in: I(1988)ACC84
Jagannadha Rao, J.1. This is an appeal preferred by the injured person before the Motor Accidents Claims Tribunal, Eluru wherein the Tribunal granted only a sum of Rs. 12,000/-. It may be noted that the appellant claimed a sum of Rs. 52,000/- her petition. As a result of the accident which occurred on 3-4-1979 the right leg of the Appellant had to be amputated. At the time of the accident in the year 1979 she was about 10 years old. Dissatisfied with the award made by the Tribunal the appellant has filed this appeal.2. It may be noted that a sum of Rs. 12,000/- was awarded by the Tribunal after coming to conclusion that the driver of the vehicle was negligent in driving the vehicle. Against that award, the Respondents have neither preferred an independent appeal nor filed cross objections. They are therefore precluded from questioning the finding relating to the negligence. The only point urged before me in this appeal by both the parties is in relation to the quantum of compensation.3...
Sheela Vs. Jeevanlal
Court: Andhra Pradesh
Decided on: Dec-24-1986
Reported in: AIR1988AP275
Amareswari, J.1. This appeal relates to the custody of three children, a boy of 13 years, a girl aged 12 years and a boy of 10 years. The appellant Sheela was married to the respondent Jeevanlal, both Hindus on 28-6-1972. The respondent was working as Chowkidar in the Chief Engineer's Office, Picket, Secunderabad drawing a gross salary of Rs.843/- and after deductions a net of Rs.600/- and odd. The appellant was a house wife at the time of marriage. They had three children two sons and one daughter. The last child was born in 1977. After the birth of the last child the Appellant, underwent tubectomy operation. According to the appellant-wife the husband respondent never treated the family well, he was coming home in a drunken state and was often abusing the wife and children. He was playing cards and keeping bad company, it is her case that in September, 1985, he drove her out. She had taken a separate house in Olettuguda, next to the house of her mother and ever since, she has been re...
The Special Deputy Collector, Srisailam Project (L.A.), Atmakur Vs. B. ... Overruled
Court: Andhra Pradesh
Decided on: Dec-23-1986
Reported in: AIR1987AP136
Raghuvir, J.1. The above 26 appeals relate to acquisition of lands. To preface the discussion in the cases, it is not irrelevant to recount sovereign powers of the State which include police power, power of taxation and power to acquire land, often expressed in Latin expression 'eminent domain'. In old texts of jurisprudence sovereign power is recounted to include escheat. The modern text book writers on sovereignty consider escheat is more an incident of property than a subject of sovereignty.2. In the pre-constitution days eminent domain power affecting land was reduced in enactment of The Land Acquisition Act, 1 of 1894. The Act specifies the procedure to be followed when land is acquired. The Act also lays down how compensation is to be determined. Compensation is a word which includes the market value of the land and solatium paid to the landholders and sometimes the expression is used to include interest awarded to the landholder. The subject before the Full Bench pertains to int...
Andhra Pradesh State Road Transport Corporation Vs. Narasayya and ors.
Court: Andhra Pradesh
Decided on: Dec-19-1986
Reported in: (1987)IILLJ83AP
Raghuvir, J.1. Chakali Sangaiah was a farm servant. He was a resident of Devi village in Kamareddy taluk of Medak District. He died on March 10, 1978 in a motor accident. The accident occurred while Sangaiah was driving a bullock-cart at 5 Kms. stone on Kamareddy-Yellareddy highway. The Andhra Pradesh State Road Transport Corporation vehicle APZ : 2727 dashed against the cart. The cart turned turtle and broke into pieces. One of the bulls dies. Sangaiah died at the spot. 2. The dependents of the deceased - mother, spouse and son - the three claimed Rs. 50,000/- before the Motor Accidents Tribunal. In the inquiry it was disclosed Sangaiah was 24 years of age at his death. He was paid Rs. 100/- salary for a month by his employer. On the above evidence the Tribunal held the deceased would have lived upto 65 years. The dependency of the three claimants on that basis was determined at Rs. 600/- per annum. Compensation of Rs. 24,000/- was awarded to them. Rs. 2,000/- was awarded to the spous...
Balaji General Stores Vs. Deputy Commissioner of Commercial Taxes, Vij ...
Court: Andhra Pradesh
Decided on: Dec-19-1986
Reported in: [1987]65STC108(AP)
A. Lakshmana Rao, J.1. In these two writ petitions and common question that arises for consideration is whether the goods 'tooth-paste' and 'tooth-brushes' were subject to levy of single point sales tax under entry 36 of the First Schedule to the A.P. General Sales Tax Act, 1957 (hereinafter referred to as 'the Act') prior to 1st September, 1976 when the said entry was amended by the A.P. General Sales Tax (Second Amendment) Act, 1976. 2. Writ Petition No. 5621 of 1980 was referred to the Full Bench by a Division Bench of this Court by its order dated 19th June, 1984 holding that the decision of a Division Bench of this Court dated 2nd August, 1978 in T.R.C. Nos. 37, 45 and 49 of 1978 required reconsideration. As the same point arises in the other writ petition also, both the writ petitions are disposed of by a common judgment. As the facts are not in dispute in either of these matters, it is not necessary to state the facts in each one of them. It will suffice if we refer to the relev...
State of Andhra Pradesh and Two ors. Vs. Sri Ambuja Petro Chemicals Lt ...
Court: Andhra Pradesh
Decided on: Dec-19-1986
Reported in: [1987]67STC399(AP)
A. Raghuvir, J. 1. The subject in the writ appeal relates to what in brief termed as interest-free sales tax loans (I.F.S.T.). The I.F.S.T. loans were offered by the State as incentive to new industries in the order on March 9, 1976 (which will be referred as 'G.O. 224'). The offer was made to industries which commence production on or after January 1, 1976 and to other industries who effect 'substantial expansion' and increase production. The incentive particulars include exemption of payment of sales tax on construction materials, plant, machinery equipment during pre-production stage and include exemption of purchase tax and sales tax under the Central Sales Tax Act of 1956 and the Andhra Pradesh General Sales Tax Act of 1957. The incentives were current for five years till December 31, 1980. The Government extended the term of five years till a revised scheme is promulgated and that is recited in G.O. 736 on December 28, 1981. The later events show registration of claims under G.O....
Andhra Pradesh State Road Transport Corporation Vs. Ch. Narasavva and ...
Court: Andhra Pradesh
Decided on: Dec-19-1986
Reported in: II(1987)ACC115
Raghuvir, J.1. Chakali Sangaiah was a farm servant. He was a resident of Devi village in Kamareddy taluk of Medak District. He died on March 10, 1978 in a Motor accident. The accident occurred white Sangaiah was driving a bullock-cart at 5 Kms. stone on Kamareddy-Yellareddy highway. The Andhra Pradesh State Road Transport Corporation vehicle APZ: 2727 dashed against the cart. The cart turned turtle and broke into pieces. One of the bulls died. Sangaiab died at the spot.2. The dependants of the deceased--mother, spouse and son--the three claimed Rs, 50,000/- before the Motor Accidents Tribunal. In the inquiry it was disclosed Sangaiah was 24 years of age at his death. He was paid Rs. 100/- salary for a month by his employer. On the above evidence the Tribunal held the deceased would have lived upto 65 years. The dependency of the three claimants on that basis was determined at Rs. 600/- per annum. Compensation of Rs. 24,000/- was awarded to them. Rs. 2,000/- was awarded to the spouse of...